BATTLEGROUND

SCOTUS NOMINATION

illustrations by Rania Arain & Mara Severts

CONTEXT: Late September, the death of Justice Ruth Bader Ginsberg left a vacancy in the Supreme Court. The nomination of Amy Coney Barrett (ACB), justice, has raised two nationwide questions: should SCOTUS nominees be confirmed prior to an election cycle and is ACB an appropriate pick?

Answering the question of whether confirming ACB would put the Court at a someone committed to overturning or not a SCOTUS nominee should 6-3 conservative majority—an idea feared by Roe v. Wade, as he stated in one of the be confirmed prior to an election many Americans, as highlighted by the New presidential debates. He has made his pick. cycle is dependent on which nominee is in the York Times on Sept. 28. Let’s be clear: this is Especially in this pandemic, millions of running. After the tragic death of Justice Ruth an attempt at a power grab, one that would Americans rely on the Affordable Care Act Bader Ginsberg, President Donald Trump drastically change the course of American for their healthcare. The Affordable Care appointed Amy Coney Barrett (ACB) to fill democracy. Not to mention, there are far more Act has especially benefited underprivileged her seat. Notre Dame Professor and Appeals pressing issues that the U.S. government and Americans and has given them access to Court Judge, ACB is a notable conservative. executive branch should be more concerned some healthcare, as according to CNBC.

While confirming a judge during an with. More than 200,000 Americans have ACB is a threat to this, as she criticized election cycle has happened before, the died from COVID-19, and as Senator Tammy Chief Justice John Roberts in a 2017 law United States has never been more unstable— Duckworth said, “instead of addressing journal article, writing that “Chief Justice especially compared to 1988, which was the many life-and-death issues facing Robers pushed the Affordable Care Act the last time a Judge was confirmed during working families during COVID-19, Trump beyond its plausible meaning to save the an election year. We were not in a global and the Senate Republicans are focused statute”, as according to TIME. This gives pandemic. We were not this polarized. We on jamming through this nomination”. Democrats a reason to believe ACB could were not this distrusting of our government. It is critical to analyze this question be a vote against the Affordable Care Act. Rushing this type of decision only harms the by examining Federal Judge Amy Coney Finally, Barrett is a Roman Catholic, future of our country and its citizens. In fact, Barrett and her beliefs, as well. ACB is an and has stated that her religious beliefs will originalist, like some on not impact her ruling. That would be ideal, the Supreme Court. She except they already have. In 2006, Barrett believes that her job as a signed her name to a “right to life ad”, which judge would be to interpret calls for “an end to the barbaric legacy of the Constitution according Roe v. Wade and restore lives that protect to its original meaning. the lives of unborn children.” Religious While this is problematic beliefs should not be a determining factor, to some, it is not the main but hers have consistently impacted her issue with her beliefs, two rulings, changing the freedom of Americans. of which include abortion One thing is clear: the Notorious RBG and the Affordable Care did not die for another woman to take Act. Many are concerned her seat, and reverse all the things that that with her confirmation she pushed forward. During her hearing, comes the overturn of these Amy Coney Barrett was not able to name pressing issues. While ACB all five unalienable rights given to us in stated she does not intend the Constitution, forgetting the right to on overturning Roe v. Wade, protest. If she isn’t able to name them, the case that gave people she definitely is not able to uphold them. the constitutional right to end a pregnancy, she has stated that she intends on restricting “late-term abortions” and regulating “how many restrictions can be put on clinics”, as according to NPR. This is a drastic step backwards. In NOOR MRYAN 2016, Trump specified that he intended on appointing

30 | Perspectives

With only a few weeks leading up to the 2020 Presidential elections, the death of Justice Ruth Bader Ginsburg (RBG), may she rest in peace, comes as a shock to progressives all over the country. RBG was a voice for minorities, a voice for women, and a voice for progress. According to Axios, she was ranked as one of the most left-leaning justices currently on the Supreme Court. The progressives’ reaction of astonishment, however, isn’t just the result of losing one of their keystone figures -- it’s the fact that RBG’s replacement lies in the hands of President Donald J. Trump. President Trump’s decision to immediately select Judge Amy Coney Barrett (ACB) as his Supreme Court nominee has gathered outrage by the political left. Not just because of ACB herself, but because of the supposedly ‘hypocritical’ nature of breaking the precedent set by Republicans who waited after the election to replace Justice Antonin Scalia back in 2016. If precedence is of concern, though, it’s best we take a look at the 29 prior cases where a Supreme Court seat became open during a Presidential election year. The National Review notes that of those 29, there’ve only been 10 cases in history where the “party opposing the President held the senate” as were the circumstances in 2016. Then out of those 10 cases, only one nominee was confirmed before the election. Even setting precedence aside, why would a political party pass up an opportunity to hand pick their own supreme court nominee? Especially when the confirmation of this nominee would give them an ideal 6-3 majority in the country’s highest federal court. What seems like another conniving ploy by Republicans to further assert their control over the nation is simply a gesture to the dynamics of the American two-party political system. The very definition of politics, in accordance with the Merriam Webster dictionary’s definition, is “competition between competing interest groups or individuals for power and leadership.” Amidst rumors of conservatives planning to overrule monumental cases like Roe v. Wade, ACB’s strong religious convictions are of concern to leftleaning Americans. Well and Good shares that even Illinois Senator Dick Durbin doesn’t believe ACB can put her religious views to the side especially for issues like same-sex marriage and LGBTQ+ rights. ACB, however, according to Heavy, states that her “personal church affiliation or [her] religious belief would not bear on the discharge of [her] duties as a judge.”

To fear that ACB is not the right person for the opening due to her supposedly ‘too strong’ religious views and their potential in leading to discriminatory judgement is discrimination in itself. Since when was one’s religious faith a factor for concern? Even RBG held religious beliefs, but never did she let it get in her way of decision-making.

As of now, no major controversies regarding ACB’s personal life have surfaced as with Brett Kavanaugh’s nomination, and it seems like her ‘strongly-held’ religious values are the only excuse her opponents can come up with.

ACB’s personal life actually compliments her reputation for office as the loving mother of seven children, two of whom were adopted from Haiti. Breitbart narrates the selflessness ACB demonstrated when caring for one of her adopted children, having transitioned him from a state of malnourishment to “fully restored health.” If her personal life alone doesn’t stand as a testament to her competence and fit for one of America’s most influential roles, then maybe her law degree from Notre Dame and experience as a 7th Federal Court of Appeals judge will. The Week even discusses how many of ACB’s colleagues and acquaintances have come out

MIKHAIL ESSA

to endorse her decency and fit for the role. In our polarized world, the nomination of ACB and the possibility of being confirmed before an election serves as another topic of controversy. But given ACB’s background, the party in control of the Senate, and President Trump’s sense of urgency in regard to this matter, it is only a matter of days before she is confirmed and rightfully so.

Perspective | 31